GLOBE CONTRACTORS, INC. v. HERMAN

No. 96-4206.

132 F.3d 367 (1997)

GLOBE CONTRACTORS, INC., Petitioner, v. Alexis M. HERMAN, Secretary, United States Department of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 18, 1997.


Attorney(s) appearing for the Case

Charles B. Palmer (argued), Waukesha, WI, for Petitioner.

Barbara Werthmann, Barbara A.W. McConnell (argued), Department of Labor, Occupational Safety Health Review, Washington, DC, Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, David Zeigler, Occupational Safety & Health Administration, Office of the Director, Washington, DC, for Respondent.

Before POSNER, Chief Judge, and MANION and DIANE P. WOOD, Circuit Judges.


MANION, Circuit Judge.

Globe Contractors, Inc. (Globe) excavates and installs underground utility pipes. As a result of an inspection by the Occupational Safety and Health Administration (OSHA), Globe was cited for a willful violation of 29 C.F.R. § 1926.652(a)(1), for failing to shore up or slope the trench walls in an excavation. OSHA proposed a fine of $56,000. Globe challenged this citation. After notice and a hearing, the administrative law judge found Globe...

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